Grounds for Divorce: “No-Fault” Divorce
The new law has introduced a “no-fault” divorce, meaning that a couple can divorce without having to prove one party was at fault.
The only ground for divorce is that the marriage has “irretrievably broken down.” Unlike the previous law, there is no need to provide specific reasons such as adultery, unreasonable behaviour, desertion, or separation.
Application Process
Joint or Sole Application: A divorce application can now be made by one spouse (sole application) or jointly by both spouses (joint application).
Online or Paper Application: Most divorces are processed online via the UK government website. However, a paper application can be submitted if preferred.
Minimum Time Frame
Mandatory 20-Week Reflection Period: After filing the divorce application, there is a 20-week “cooling-off” or reflection period before applying for a conditional order (previously known as the decree nisi). This period is intended to give both parties time to reflect on their decision to divorce and make arrangements regarding finances, property, and children.
Six-Week Wait After Conditional Order: After the conditional order is granted, there is a further six-week period before the applicant(s) can apply for the final order (previously known as the decree absolute), which legally ends the marriage.
Terminology Changes
The terminology used in divorce proceedings has changed:
“Decree Nisi” is now referred to as the Conditional Order.
“Decree Absolute” is now called the Final Order.
“Petitioner” (the person filing for divorce) is now referred to as the Applicant.
Contesting a Divorce
Under the new rules, a divorce cannot generally be contested. This is a significant change from the previous law, where a spouse could contest the divorce if they disagreed with the reasons given. Now, since there is no need to prove fault, the process cannot be contested except for reasons of jurisdiction, validity of the marriage, fraud, coercion, or procedural errors.
Financial Settlements and Child Arrangements
Separate Process for Financial and Child Arrangements: The divorce itself does not automatically resolve financial matters or child arrangements. These issues must be dealt with separately, either through negotiation, mediation, or court proceedings if necessary.
Couples are encouraged to reach an agreement on these matters outside of court to avoid additional legal costs and delays. Mediation may be required before going to court.
Legal Fees and Costs
The cost of applying for a divorce in England and Wales is £593 (as of 2023). This fee is payable to the court and does not include additional costs for legal representation or mediation.
Legal aid is generally not available for divorce unless there is evidence of domestic abuse or a need for child protection.
Jurisdiction Requirements
To get divorced in the UK, at least one spouse must meet the residency or domicile requirements. This generally means that at least one spouse must be:
Habitually resident in England or Wales, or
Domiciled in England or Wales (intending to live there permanently or indefinitely).
Key Changes in the New Divorce Law
Introduction of no-fault divorce, removing the need to prove wrongdoing.
Elimination of the ability to contest a divorce in most cases.
Simplified and more streamlined process, with an emphasis on reducing conflict and making divorce less acrimonious.